Publication Date
11-2024
Abstract
This piece focuses on the Namibian Supreme Court's decision concerning the Communications Regulatory Authority of Namibia's (CRAN) discretionary powers to levy regulatory fees. The judgment upholds the constitutionality of the amended Section 23 of the Communications Act of Namibia, which provides guidelines for setting these fees. The commentary commends the Court's sophisticated understanding of regulatory governance, balancing legislative oversight with administrative expertise. However, it also points out inefficiencies in the current fee-setting mechanism, particularly the lack of collaborative input from stakeholders and the risk for potential regulatory costs being pased on to consumers in an already oligopolistic market. Legislative reforms are proposed to foster a more cooperative approach to fee determination.
Recommended Citation
Zongwe, Dunia P.
(2024)
"CRAN v. MTC Ltd and Others (SA 822022) 2024 NASC 6 (13 March 2024),"
SAIPAR Case Review: Vol. 7:
Iss.
2, Article 7.
Available at:
https://scholarship.law.cornell.edu/scr/vol7/iss2/7
